At a Glance Study in focus INTERNAL MARKET AND CONSUMER PROTECTION TTIP: CUSTOMS AND TRADE FACILITATION BACKGROUND In February 2013, the European Union (EU) and the United States (US) started the procedure to initiate formal negotiations on a free trade agreement referred to as the Transatlantic Trade and Investment Partnership (TTIP). The first round of negotiations took place in Washington DC in July 2013 and the ninth round took place in New York in April 2015. In order to monitor the ongoing negotiations, the Committee on Internal Market and Consumer Protection commissioned a study on “The Transatlantic Trade and Investment Partnership: Challenges and Opportunities for the Internal Market and Consumer Protection in the Area of Customs and Trade Facilitation”. FOCUS OF THE STUDY Costs associated with customs and other border controls assume greater importance as tariff barriers decline and the role of global supply chains increases. Such costs hit small and medium sized firms disproportionately hard. This study TTIP: Opportunities and Challenges in the Area of Customs and Trade Facilitation assess how TTIP can help to reduce these costs whilst at the same time ensure that consumers are protected from the import of unsafe or dangerous products and EU commercial policy instruments can be properly implemented. TTIP offers the opportunity to promote further transatlantic customs cooperation with initiatives such the Authorized Economic Operator scheme developed by the World Customs Organisation and used by the EU. It also offers a means of maintaining the momentum behind customs reform in the EU and the full use of digital technologies. KEY FINDINGS 1. EU Goals and Interests The EU aims are a reduction in the trade costs associated with customs and border control measures in order to ensure that EU traders and exporters can compete in internationally. Reduced trade costs also offer the prospect of consumer benefits, whilst at the same time ensuring that consumer protection, health and safety and EU security interests are safeguarded and EU commercial policies are applied. The EU also has an interest in promoting the use of international standards in trade facilitation and building on these by ensuring that mutual recognition of trade partnership schemes, such as the Authorised Economic Operator approach developed in the World Customs Organisation (WCO) are effectively applied in transatlantic relations as a model for wider application. 2. Achievements and Lessons from Recent Agreements The EU was a major contributor to the completion, after many years of negotiations, of the World Trade Organisation’s Trade Facilitation Agreement of December 2013 that extended existing WTO agreements on customs and codified recent practice in customs and trade facilitation. The EU has also been active in the Directorate General for Internal Policies External author: Roderick Abbott, Stephen Woolcock, LSE Policy Department A: Economy and Scientific Policy, Administrator responsible: Mariusz Maciejewski, European Parliament, PE 542.214 EN Policy Department A: Economy and Scientific Policy World Customs Organisation promoting agreed international standards and norms for customs and trade facilitation. EU preferential trade agreements (PTAs) with Korea and Canada (CETA) have build these multilateral agreement by including more binding provisions and elaborating how the multilateral principals and codes can be applied. TTIP discussions on customs cooperation and trade facilitation also build on existing transatlantic customs cooperation agreements have been in place for some time. There has also been cooperation on supply chain security and a mutual recognition of trade partnership (C-TPAT and AEO) has been concluded. 3. Opportunities in the TTIP Negotiations Reduced trade costs through more efficient customs and control measures offer economic benefits to exporters (especially small and medium sized companies), traders and consumers. The costs of delays or duplication of documentation or checks can be seen as a social waste, so that any improvement offers a net gain. Note that this refers to more efficient customs or controls, not the re moval of checks or controls. TTIP offers an opportunity to press ahead with cooperation and ensure the wider use of measures that in many cases have already been developed. The greater use of the Authorised Economic Operator scheme is one example of this. TTIP also offers an opportunity to promote a full digitalisation of customs and border controls. For small and medium sized companies and traders that account for a larger share of employment and growth, reduced trade costs should facilitate a greater engagement in international trade. This then helps to ensure that this key sector of the EU economy remains internationally competitive. TTIP also offers an opportunity of providing an added impetus for the domestic reforms currently under way in the EU towards the full implementation of the Union Customs Code and closer cooperation between Member State customs authorities. The negotiations also offer an opportunity for the EU to help ensure that the more binding and extensive rules developed in TTIP shape international rules and practice in trade facilitation. This is important because the most significant trade costs are in trade with developing or middle income countries rather than with the US 4. Challenges in the TTIP Negotiations The greatest challenge facing EU customs and trade facilitation policy is how to reduce or keep trade costs in check whilst at the same time implementing EU policies and thus protecting consumer interests and safety. The decline in the importance of EU customs as a revenue raising operation has been accompanied by a continued role in implementing non-tariff policies, such as ensuring the proper application of EU commercial instruments. This includes applying anti-dumping or safeguard measures, ensuring that EU rules of origin or intellectual property rights are complied with and last but no means least ensuring the security of the supply chain. Customs is also involved in ensuring that the products imported into the EU are safe through checks on compliance with sanitary or phytosanitary or safety standards, and preventing the importation of illicit products (drugs, precursors for drugs, endangered species etc.). EU customs authorities must implement this expanding range of policies but do so in a manner that does not increase the burden on exporters and traders. In terms of the concrete wording of the TTIP on customs and trade facilitation, the IMCO should ensure that there is a clear statement that measures to reduce trade costs and make customs and border control more efficient should be without prejudice to the need to ensure that consumers are protected from unsafe imports. There is also the challenge or reconciling somewhat different approaches to customs and trade facilitation in the US and the EU, in particular in the area of ICT. Scan QR code to access the study: Disclaimer The content of this document is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. Contact: [email protected]; This document is available on the Internet at: www.europarl.europa.eu/supporting-analyses ISBN: 978-92-823-8344-5 (paper)/ 978-92-823-8343-8 (pdf) doi: 10.2861/767780 (paper) / 10.2861/483332 (pdf) Catalogue: QA-02-15-879-EN-C (print)/ QA-02-15-879-EN-N (pdf) © European Union, 2015